Elliott v. Flushing Sand & Stone Co.

In an action to recover damages for wrongful death, the impleaded defendant and the plaintiff appeal from an order granting reargument and on reargument denying the motion of the impleaded defendant to vacate an order granting the impleader. Order affirmed, with $10 costs and disbursements. The original defendant was the owner of the truck involved in the accident. That defendant rented the truck and furnished the chauffeur to the impleaded defendant. Whether the chauffeur was at the time of the accident the servant of the original defendant or of the impleaded defendant is a question of…